Patna High Court
Bhaglu SahversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The court did not grant the writ of mandamus and disposed of the petition.
Summary
Petitioner Bhaglu Sah alleged that private respondent Gang Bahadur Paswan forcibly occupied his land in Mouza Sonma using forged documents while a title suit (No.17/2013) was pending. He sought a writ of mandamus directing various state officials to restore possession and take action against the private respondent. The petitioner’s counsel indicated he would approach the appropriate authority for redress, and the State counsel raised no objection. The court, after hearing, granted the petitioner’s liberty to approach the authority and disposed of the writ petition without granting the writ. Consequently, no relief was awarded and the petition was closed.
Issues considered
- Whether a writ of mandamus can be issued directing state officials to restore possession of land and act against a private respondent who allegedly occupied the land using forged documents.
Subjects
- writ of mandamus
- possession
- land dispute
- forged documents
- title suit
- civil writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.445 of 2026
======================================================
Bhaglu Sah S/o Banarsi Sah, Resident of Village-Sonma, P.S.-Bakhri,
District-Begusarai.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Revenue
and Land Reforms, Government of Bihar, Patna.
2. The Divisional Commissioner, Munger.
3. The District Magistrate, Begusarai.
4. The Deputy Collector Land Reforms, Bakhri, Sub-Division, Begusarai.
5. The Sub Divisional Officer, Bakhri, Sub-Division, Begusarai.
6. The Circle Officer, Garhpura Circle, Sub-Division, Bakhri, Begusarai.
7. The Gang Bahadur Paswan, S/o Late Kari Paswan, Resident of Village-
Sonma, P.S.-Bakhri, District-Begusarai.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nakul Kumar Jamuar, Advocate
For the State : Mr. Government Advocate (2)
: Mr. Rajan Prakash, AC to GA-2
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 19-01-2026 Heard the parties.
2. The present petition has been preferred for the
grant of following relief(s):
“for issuance a writ of mandamus
commanding and directing to the respondents
concerned to give the possession on the land of
petitioner, on which the private Respondent no.7
forcibly occupied the land of the petitioner on
the basis of forge documents, in fact the land in
question, Mouza Sonma, Touzi No. 643. Thana
No. 139, Khata no. 201, Khesra No. 2021, Area-
6 Katha 9 Dhur, and on which the respondent
Patna High Court CWJC No.445 of 2026(2) dt.19-01-2026
2/2
no.7 filed a Title Suit over the land in question
bearing Title Suit No.17/2013, which is going on
and during the pendency of title suit the Private
respondent No.7 forcibly occupied the said land
on which the petitioner was coming ion peaceful
possession, and further direction may be given to
the Respondents concerned to look into this
matter and take action accordance with law
against the Respondent No.7. And/or any other
relief or reliefs for which the petitioner is found
entitled to in the facts and circumstances of this
case.”
3. After some arguments, learned counsel for the
petitioner submits that he shall be approaching the appropriate
authority for the redressal of the grievance.
4. Learned State counsel has no objection.
5. In that background, granting said liberty, the writ
petition is disposed of.
(Rajiv Roy, J)
vinayak/-
U
Checking your session…